The publisher of a Harry Potter Lexicon was sued by J.K. Rowling for …

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J.K Rowling, creator of the Harry Potter novels, triumphed in a Manhattan courtroom earlier this year after suing the publisher of the (unathorized) Harry Potter Lexicon. Hogwarts lover Steve Vander Ark wrote the book using material from his website of the same name, angering J.K. Malfoy Rowling, who wanted to put out her own guide to the magical world of her famous boy wizard.

Now, Vander Ark's publisher has finally appealed the ruling to the Second Circuit Court of Appeals.

What about fair use? The judge said the book had crossed the line; it simply contained too much material from the novels, featured passages written in Rowling's style, and had large batches of direct quotation. It lacked much in the way of additional commentary or criticism.

That was fine so long as the content stayed on the web, where Rowling herself even praised the site and gave it an award back in 2004. But when Vander Ark moved to print a book and hawk it for $24.95, out came the Cruciatus curse legal papers.

While the appeal gives Vander Ark's publisher another chance at vindication, it also has the side benefit of letting us use badspellnames in post titles one more time.

Update: Vander Ark e-mails to clarify that the publisher of his book was the one named in the lawsuit and the one who filed the appeal; he remains something of an "innocent bystander" as this all plays out. The post has been updated for clarity.